Both chambers of the California legislature have been dominated by the Democratic Party since 1959 except in 1969 to 1971 when the Republican Party held both chambers and from 1994 to 1996, when Republicans briefly held a majority in the Assembly. Each member represents about 423,396 residents, as of the 2000 Census.[1]

California's voters imposed term limits on their State Senators and State Assembly Members in 1990; Senators could not serve for more than two terms (total of eight years) and Assembly Members could not serve for more than three terms (total of six years). California voters modified these limits in 2012 that modified term limits to allow legislators to serve 12 years total - but could spend all 12 in either house (total of three Senate terms or six Assembly terms).

Sessions

Article IV of the California Constitution establishes when the Legislature is to be in session. Section 3 of Article IV states that the Legislature is to convene in regular session on the first Monday of December in each even-numbered year to organize. The Legislature must adjourn by November 30th of the following even-numbered year.

2012

2011

In 2011, the Legislature will be in session from January 3- September 9, 2011. The California Legislature was convened in an extraordinary session to act upon legislation that addresses the fiscal emergency proclaimed by Governor Jerry Brown on January 20, 2011.[5]

2010

In 2010, the Legislature began its regular session on January 12th, and was scheduled to adjourn on August 31st. Additionally, the legislature adjourned one special session on January 11th of this year, had one ongoing special session that convened in October of 2009, and had another ongoing special session that convened on January 8th, 2010.[6]

On July 28th, 2010 Governor Arnold Schwarzenegger issued a declaration of fiscal emergency[7][8] as allowed under California's Constitution as approved in 2004 under proposition 58. Upon issuance of a declaration of fiscal emergency, the legislature must immediately reconvene and may not adjourn until after the fiscal situation is resolved.

Ethics and transparency

Following the Money report

The U.S. Public Interest Research Group, a consumer-focused nonprofit organization based in Washington, D.C., released its annual report on state transparency websites in April 2014. The report, entitled "Following the Money," measured how transparent and accountable state websites are with regard to state government spending.[9] According to the report, California received a grade of F and a numerical score of 34, indicating that California was "failing" in terms of transparency regarding state spending.[9]

Legislators

Salaries

As of 2013, members of the California legislature are paid $95,291 per year. They are also given per diem of $141.86 per day in session.[11]

The California Citizens Compensation Commission (CCCC) voted in May 2009 to reduce the salaries of California's state legislators by 18%, from $116,208 to $95,291. In June, the compensation commission voted on legislative pay again, this time to reduce the fringe benefits received by state legislators by 18%. The fringe benefit reduction applies to per-diem payments, car allowances, and medical insurance, and becomes effective on December 1, 2009.[12]

It was originally thought to be the case that the compensation commission is unable to reduce salaries of elected officials in the middle of their terms. However, in November 2009, Jerry Brown in his capacity as California's Attorney General ruled that under Proposition 112 from 1990, the CCCC can "adjust the annual salaries of state officers" each year.[13]

Even with the 2009 reduction to an annual salary of $95,291, California's legislators earn more than state legislators in the other 49 states. Michigan, which has the second best-paid lawmakers, pays its state legislators $79,650 a year.[14]

Pension

California does not provide pensions for legislators who took office after 1990.[15]

When sworn in

California legislators assume office the first Monday of December following a general election.

Benefits from lobbyists

As of 2009, perks available to California state legislators include:

BP America, a gas and petroleum company, sponsors an automated hotline just for California state legislators and their staff that allows them to call the company for free tickets to concerts, shows and sports events. The message on the automated service says that legislators may "ask a member of their own staff to call on their behalf.[16]

AT&T sponsors a dedicated, private email service that allows state legislators and their staffs use to request tickets to shows such as Britney Spears concerts and Lakers playoffs.[16]

Michael Duvall, who resigned from the California State Assembly in September when a videotape was made public in which he discussed his sexual adventures with lobbyists, also reported on his mandatory lobbying disclosures that in 2008, he had received gifts of meals, drinks, concert tickets and "a Bluetooth headset."[16]

Low popularity

Cutaway of the Capitol Rotunda, Photo: California State Capitol Museum

In December 2009, public opinion polling cited by the Sacramento Bee found that legislature's voter approval rating was at 13%. Newspapers reported this as the institution's all-time low.[17]

The legislature's popularity continued to fall in 2010. The Public Policy Institute of California reported in March 2010 on a poll that showed that the legislature's overall approval rating had fallen to 9%, while voters gave their own members of the state legislature an average approval rating of 27%.[18]

Role in state budget

In November 2009, the California Legislative Analyst's Office released a document, "The 2010-11 Budget: California's Fiscal Outlook." The report says ."..the state must address a General Fund budget problem of $20.7 billion between now and the time the Legislature enacts a 2010–11 state budget plan...Addressing this large shortfall will require painful choices—on top of the difficult choices the Legislature made earlier this year." The report also says "The vast majority" of the current year problem can be attributed to the state's inability to implement several major solutions in the July 2009 budget plan."[19][20]

John Myers, the Sacramento Bureau Chief for KQED's "The California Report," said the hard-hitting LAO report "makes it clear that the current problem really lies at the feet of 120 legislators and Governor Arnold Schwarzenegger."[20]

A 2/3rds vote is required in the state legislature to raise taxes. An End the Two-Thirds Requirement proposition is circulating in preparation for the November 2, 2010 ballot. Sponsors include those in the state who believe that the state's budget gap should be made up with higher taxes.[21]

Proposal to split

Senate President Pro Tem Darrell Steinberg proposed in December 2009 that the business that comes before the state legislature be divided, so that the two-year legislative sessions include a year confined to budgeting and oversight and a year confined to the consideration of new legislation. If the California legislature agrees to this change, it would join 15 other states where the state budget is considered in only one year of a state's two-year legislative session.[22]

Steinberg's proposal would return the California legislature to a system of alternate years of budgeting and legislation that it used from the end of World War II until 1966. In 1966, voters passed Proposition 1A, which created a full-time legislature and annual budgeting.

Steinberg's proposal is similar to a proposed constitutional amendment, SCA 2, sponsored by Mark Wyland.

Number of bills

The 2009 session of the state legislature approved about 1,000 bills, sending them on to the Governor of California for his signature.[23]

State senate

The chart below shows the partisan composition of the California State Senate from 1992-2013.

Terms and term limits

California voters imposed term limits on the California Legislature in 1990, when they voted in favor of Proposition 140 by a margin of 52-48%. Proposition 140 limits state Assembly members to three two-year terms and state senators to two four-year terms, and imposes a lifelong ban against seeking the same office once the limits have been reached.

Proposition 45 in 2002

California State Senate president pro tem John Burton (D-San Francisco) vigorously sponsored an effort in 2002 to rollback the provisions of 1990's Proposition 140 by putting Proposition 45 on the March 2002 ballot. Voters rejected Proposition 45 by a margin of 42-58%. Had Proposition 45 passed, it would have allowed state legislators to serve for four years beyond the limits allowed by Proposition 140.

Senate

The California State Senate is the upper house of the California State Legislature. There are 40 State Senators. The state legislature meets in the state capital, Sacramento. The Lieutenant Governor is the ex officio President of the Senate. The officers of the Senate, elected at the start of each legislative session, are; President pro Tem Darrell Steinberg, Secretary of the Senate Gregory Schmidt, and Senate Sergeant at Arms Tony Beard.

Prior to 1968, state senate districts were restricted such that one county could only hold at most one seat. This led to the situation of Los Angeles County, with 6 million residents as of 1968, receiving 600 times less representation than residents of Alpine County and Calaveras County, some of California's least populous counties. The Reynolds v. Sims decision by the United States Supreme Court compelled all states to draw up districts that were apportioned by population rather than geography. As such, boundaries were changed such that equal representation was provided.

Senators serve four year terms. The terms of the Senators are staggered so that half the membership is elected every two years. The Senators representing the odd-numbered districts are elected in years evenly divisible by four. The Senators from the even-numbered districts are elected in the intervening even-numbered years.

Since the passage of Prop 140 in 1990, California senators have been limited to two terms in office.

State Assembly

The California State Assembly is the lower house of the California State Legislature. There are 80 members to the Assembly, representing a relatively equal amount of constituencies. Each member represents an average of 465,674 residents, as of the 2010 Census.[26] After the 2000 Census, each member represented 423,396.[27] Due to the state's large population and relatively small legislature, the Assembly has the largest population per representative ratio of any lower house legislature in the United States; only the federal U.S. House of Representatives has a larger ratio.

History

Partisan balance 1992-2013

California State Senate:
From 1992-2013, the Democratic Party was the majority in the California State Senate for all 22 years. The California State Senate is 1 of 16 state senates that was Democratic for more than 80 percent of the years between 1992-2013. During the final three years of the study, California was under Democratic trifectas.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

California State House of Representatives:
From 1992-2013, the Democratic Party was the majority in the California State House of Representatives for all 22 years. The California State House is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013. During the final three years of the study, California was under Democratic trifectas.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

SQLI and partisanship

The chart below depicts the partisanship of the Arkansas state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. California has never had a Republican trifecta, but did have Democratic trifectas between the years 1999 and 2003 and again after 2010 to the present. California fell steadily in the SQLI ranking until finally reaching the bottom-10 in 2010. The state reached its highest ranking (28th) in 1998 and 1999, first under divided government and then under a Democratic trifecta. The state’s lowest ranking (48th) occurred recently in 2012 under a Democratic trifecta. Except for the years 1995 and 1996, the California legislature has been consistently under Democratic control.

SQLI average with Democratic trifecta: 37.00

SQLI average with Republican trifecta: N/A

SQLI average with divided government: 35.21

Chart displaying the partisanship of California government from 1992-2013 and the State Quality of Life Index (SQLI).

The state legislature can also propose constitutional changes to the initiative process. Several such changes were proposed in the 2009-2010 session of the state legislature. The sponsors of these changes hope to gain the approval of enough of their fellow legislators to qualify their proposed changes for the 2010 ballot.